Indian counsel Harish Salve criticizes Pakistan’s move at ICJ

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PakistanToday
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New Delhi: Pakistan’s attempt to seek a review of International Court of Justice’s interim stay on Kubushan Jadhav’s execution is a mere populist ploy to please the domestic audience and is untenable under international law, said Indian counsel Harish Salve on Saturday.

“There is no appeal or review procedure provided under the ICJ statute or rules against the orders already passed by it. India had pressed for provisional measures citing urgency to save Jadhav on the ground that Pakistan had grossly and continuously violated the mandate of Vienna Convention on Consular Access. The ICJ had heard Pakistan in detail before accepting India’s plea.”, said Salve speaking to an Indian news agency.

ICJ was convinced that there existed an impending danger to Jadhav’s life after a military court sentenced execution for espionage, he added.

As far as the consular access is concerned he said that Pakistan had grossly violated the Vienna convention. “Pakistan had cited the 2008 bilateral treaty to step around its obligations under VCCA, which was rejected by the ICJ,” he said.

He said India could also establish that the denial of consular access to Jadhav could have seriously impeded his legal defence.
Contrary to Mr Salve’s resolve, former Chief Justice Markandey Katju has remarked that taking the Jadhav’s case to ICJ was a serious mistake by India.
He added that taking the case to the Hague has opened the avenue for Pakistan to bring before the International court the Kashmir dispute which awaits implementation of the famous Security Council resolution demanding a plebiscite in Kashmir.
As far as the interim stay granted by ICJ is concerned, it is clarified that the Jadhav case has only begun and the final decision will be based on the merits of the case. Pakistan has repeatedly claimed that the Jadhav case concerns its national security and ICJ cannot hear the case under the Vienna Convention.
Under the tenets of International law Pakistan, by no means, is bound by the decision that ICJ delivers.

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3 COMMENTS

  1. N.B :(Muslims of Pakistan are fake, corrupt and they still keep Rather Dharmic Surnames)

    Pakistan is wholeheartedly urged to go on with raising JK in UN or some other forum of its liking except for Muslim forums, so that it can go down the history as a morale less country with no dignity and stature in the world who only grab attention when terror/humiliation is concerned

  2. India has taken a good decision to take Jadav matter in to ICJ.. Pakistan does not have any evidence other than forced admission from Jadav thats why its not ready give legal access to Jadav or want to discuss about chargesheet being framed against him. Its not in a position to show any evidence to world related to Jadav. If they wont follow ICJ directives then India might loose Jadav but surely Pakistan will loose Indus Water Treaty.. Pakistan can understand what Indus Water Treaty meant for them. China may threat to block Brahmaputra water but India wont be effected at all by that because It has sufficent source of water from other rivers which is not in the case of Pakistan…Pakistan will be left with no option other than going in to war with India…

  3. India has taken a good decision to take Jadav matter in to ICJ.. Pakistan does not have any evidence other than forced admission from Jadav thats why its not ready to give legal access to Jadav or want to discuss about chargesheet being framed against him. Its not in a position to show any evidence to world related to Jadav. If they wont follow ICJ directives then India might loose Jadav but surely Pakistan will loose Indus Water Treaty.. Pakistan can understand what Indus Water Treaty meant for them. China may threat to block Brahmaputra water but India wont be effected at all by that because It has sufficent source of water from other rivers which is not in the case of Pakistan…Pakistan will be left with no option other than going in to war with India…

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